Case law - All Flashcards

1
Q

R v SKIVINGTON - Robbery defence

A

If they have an honest belief of right to the property then theft is negated and therefore robbery has not occurred

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2
Q

R v LAPIER - Robert

A

The offence of ‘robbery’ is complete once the property is taken - even if possession is only momentary

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3
Q

R v PEAT - Robbery

A

Immediate return of the property taken does not negate the offence

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4
Q

R v BROUGHTON - Robbery

A

A threat is an intention to use violence that will be used if the property is not handed over

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5
Q

R v MAIHI - Robbery

A

There must be a connection/link between the theft and the threat/use of violence

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6
Q

R v COX - Robbery

A

Possession has two elements - the mental element and the physical element

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7
Q

R v COLLISTER - Robbery

A

Intent can be derived from the circumstantial evidence

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8
Q

PENEHA v POLICE - Robbery

A

Level of violence - the actions of the defendant forcibly interfere with the freedom of the complainant

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9
Q

R v JOYCE - Robbery

A

Prosecution must prove that two or more people were physically present at the time of the robbery

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10
Q

R v GALEY - Robbery

A

Two or more people with the common intention to use their combined force for the common goal

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11
Q

DPP v SMITH - Robbery

A

GBH means no more and no less than really serious harm

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